HB69 - LAW ENFORCEMENT ARREST POWERS - Reynolds, David L.
HB69 EXPANDS CERTAIN ARREST POWERS.
Sponsor: Reynolds, David L. (77) Effective Date:00/00/00
CoSponsor: LR Number:0246-01
Last Action: 07/07/97 - Approved by Governor (G)
07/07/97 - Delivered to Secretary of State
CCS SCS HS HCS HB 69 & 179 & HCS HB 669
Next Hearing:Hearing not scheduled
Calendar:Bill currently not on calendar
ACTIONS HEARINGS CALENDAR
BILL SUMMARIES BILL TEXT FISCAL NOTES
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Available Bill Summaries for HB69
| Truly Agreed | Senate Committee Substitute | Perfected | Committee | Introduced |


Available Bill Text for HB69
| Truly Agreed | Senate Committee Substitute | Perfected | Committee | Introduced |

Available Fiscal Notes for HB69
| Conference Committee | Senate Committee Substitute | House Substitute | House Committee Substitute | Introduced |

BILL SUMMARIES

TRULY AGREED

CCS SCS HS HCS HB 69 & 179 & HCS HB 669 -- LAW ENFORCEMENT POWERS

This bill authorizes any chief executive officer, any full-time
peace officer, who is certified pursuant to chapter 590, RSMo.,
and any law enforcement officer, as defined in 556.061, RSMo.,
to respond to emergency situations outside of their
jurisdiction.  The statewide emergency power provisions do not
apply to peace officers who meet the minimum training
requirements for counties of the third classification (120
hours).

In addition, a law enforcement officer or federal law
enforcement officer, as defined by the bill, may make a
warrantless arrest on view, at any place within the state, of
any person seen committing a dangerous felony or seen asserting
physical force or forcible compulsion that causes or creates a
substantial risk of death or serious physical injury to any
person.  Also, federal law enforcement officers are given the
same authority as state peace officers when:  (1)  rendering
assistance at the request of any state peace officer; or (2)
providing assistance as part of a task force or joint
investigation with state peace officers.

In other provisions, the bill:

(1)  Requires all causes of actions against the members of the
St. Louis Board of Police Commissioners to be had in the Circuit
Court in the city of St. Louis;

(2)  Allows a first term city marshal in a county of the 4th
classification to complete at least 120 hours of police training
within 6 months of acquiring the position by general election.
If the training is not completed within 6 months, an extension
may be granted until a training course is made available.  The
local governing body may decide if the first term city marshall
must attend the training courses.  A marshal-elect enrolled in a
training program will be paid at the rate of the city marshal.
Tuition and housing expenses for a police training course will
be paid by the state; and

(3)  Clarifies that the fresh pursuit powers of a state park
ranger include the statewide authority to arrest an offender for
a criminal offense committed within the jurisdiction of a state
park.


PERFECTED

HS HCS HB 69 & 179 -- LAW ENFORCEMENT POWERS (Hosmer)

This substitute authorizes any chief executive officer, any
full-time peace officer, who is certified pursuant to chapter
590, RSMo., any law enforcement officer, as defined in 556.061,
RSMo., or any federal law enforcement official, to respond to
emergency situations outside of their jurisdiction or to  make a
warrantless arrest on view, at any place within the state, of
any person seen committing a dangerous felony or seen asserting
physical force or forcible compulsion that causes or creates a
substantial risk of death or serious physical injury to any
person.  In addition, federal law enforcement officers are given
the same authority as state peace officers when: (1) rendering
assistance at the request of any state peace officer; or (2)
providing assistance as part of a task force or joint
investigation with state peace officers.

The substitute also changes the 20-hour rule that allows law
enforcement officials to detain a suspect without a warrant
before the person is charged or released.  Under the substitute,
the felony suspect may be held 32 hours from the time of the
arrest, unless charged with a felony offense by a valid
warrant.  Under current law, a suspect of a breach of peace or
other criminal offense must be released within 20 hours from the
time of the arrest. Any violation of the suspect's rights
concerning arrest and confinement described in the bill is a
misdemeanor.

FISCAL NOTE:  No impact on state funds.


COMMITTEE

HCS HB 69 & 179 -- LAW ENFORCEMENT ARREST POWERS

CO-SPONSORS:   Hosmer

COMMITTEE ACTION:  Voted "do pass" by the Committee on Criminal
Law by a vote of 13 to 0.

This substitute authorizes any state or federal law enforcement
official, who is certified pursuant to chapter 590, RSMo., to
respond to emergency situations outside of their jurisdiction or
to  make a warrantless arrest on view, at any place within the
state, of any person seen asserting physical force or forcible
compulsion that causes or creates a substantial risk of death or
serious physical injury to any person.  The substitute also
clarifies that certified and commissioned state park rangers
have cross jurisdictional arrest powers and powers of fresh
pursuit.

FISCAL NOTE:  No impact on state funds.

PROPONENTS:  Supporters say that the substitute provides needed
expansion to the arrest powers of certified state and federal
law enforcement officials.

Testifying for the bill were Representatives Reynolds and Alter;
Missouri Police Chiefs Association; Missouri Deputy Sheriffs
Association; Missouri Peace Officers Association; and Missouri
State Lodge Fraternal Order of Police.

OPPONENTS:  There was no opposition voiced to the committee.

Michael Warrick, Research Analyst


INTRODUCED

HB 69 -- Peace Officers Arrest Powers

Sponsor:  Reynolds

This bill authorizes any law enforcement official to make a
warrantless arrest on view, at any place within the state, of
any person seen asserting physical force or forcible compulsion
that causes or creates a substantial risk of death or serious
physical injury to any person.


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Last Updated August 11, 1997 at 4:05 pm